West Covina Municipal Code § 19-58 Depth

For the purpose of this article, the following words and phrases are defined, and shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning:

Asphalt pavement shall mean any surface which is paved with a mixture of rock, sand and asphalt cement, including any of those which are commonly known as sheet asphalt, asphalt, concrete or bitulithic pavements.

City engineer means the city engineer or duly appointed engineer of work of the city or his authorized deputy, representative, or inspector.

Concrete pavement shall mean any pavement constructed of Portland cement concrete.

Concrete gutter shall mean any gutter constructed of Portland cement concrete.

Concrete driveway shall mean any driveway paved with Portland cement concrete.

Danger sign shall mean any sign that may be required by the city engineer to provide for the public safety and convenience.

Manhole shall mean any subsurface structure, which is a part of any underground system, such as sewer, storm drain, water, gas, electric light, electric power, telephone, oil or other underground pipe or wire system, and which has a surface cover with an exposed area of one and one-half (1½) square feet or more.

Oiled surface shall mean any surface of street which is composed of a mixture of one (1) or more spray coats of road oil with sand, crushed rock, or decomposed granite, having a total average thickness of approximately one (1) inch or less.

Prospect hold shall mean any hole or excavation made in a pavement, driveway, sidewalk, or street area by driving a metal bar or drill into the same or an excavation made for the purpose of locating existing utility pipes or conduits or leaks therefrom.

Red flag shall mean a flag made of bright red cloth with an area of at least one and one-half (1½) square feet of which one (1) dimension must be at least twelve (12) inches.

Red light shall mean a lighted red lantern or an electric light, which emits a red light at least equal to a lighted red lantern and can be seen at a distance of not less than three hundred (300) feet.

Relative compaction shall be determined in accordance with section 211-2 of the "Standard Specifications for Public Works Construction."

Rock and oil pavement shall mean any pavement, the surface of which is composed of macadam pavement or a mixture of rock, sand and either road oil or liquid asphalt, having a total average thickness of more than one (1) inch.

Sand equivalent value shall be determined in accordance with section 211-3 of the "Standard Specifications for Public Works Construction."

Sidewalk shall mean any concrete pavement or surfacing provided for the exclusive use of pedestrians.

Stake hole shall mean any hole made in a pavement, driveway, or sidewalk by driving a metal bar or pin into the same for moving a house, or for any similar purpose.

Unimproved street shall mean any street the surface of which is composed of dirt, soil, sand, gravel, decomposed granite, or similar materials in their natural state, or a surface of unbound or waterbound gravel or decomposed granite.

(Code 1960, § 7200; Ord. No. 1562, § 1, 10-25-82)

Cross reference— Definitions for Code generally, §§ 1-8—1-26.

No person shall lay down or maintain in any street, any pipe or conduit, or any connection therewith, without first having obtained the required franchise or privilege of using such street for that purpose.

(Code 1960, § 7207)

The city engineer shall adopt such regulations for the location, size and depth of excavations as he may deem necessary for the public welfare.

(Code 1960, § 7210)

Whenever an excavation is made by tunneling under the surface of a street, the city engineer shall impose such conditions and require such special inspections as he may deem necessary for the full compliance with this article.

(Code 1960, § 7211)

The city shall deduct from any deposit made or maintained by a permittee under this article:

(a) The additional inspection fees as indicated in the schedule of fees as set from time to time by resolution of the city council if required and not otherwise paid;

(b) The cost to the city of refilling any excavation or removing any obstruction;

(c) The cost to the city of resurfacing the street, alley, sidewalk or other public place, as indicated in the schedule of fees as set from time to time by resolution of the city council;

(d) The cost of placing and maintaining of any lights, barricades or other safety equipment.

(Code 1960, § 7219; Ord. No. 1487, § 1, 8-25-80)

Any person intending to make any excavation in any street, alley or other public place, shall make and maintain with the city clerk a deposit of two thousand dollars ($2,000.00) which shall permit the issuance of permits up to five thousand (5,000) square feet per month, and additional deposits as indicated in the schedule of fees as set from time to time by resolution of the city council for all excavations in excess of five thousand (5,000) square feet per month.

(Code 1960, § 7221)

Whenever in this article a deposit is required, such deposit may be either in the form of a cashier's check or a good and sufficient bond in an amount equal to the amount of such deposit, executed by the applicant to the satisfaction and approval of the city engineer, made by a reliable surety company and payable to the city. Such bond shall be conditioned upon the payment of all charges required by this article, and the faithful performance of all work, and the city engineer is hereby empowered to enforce collection under such bond of all sums due for charges hereunder, and for any and all damages accruing to the city by reason of faulty or defective work of the permittee. Such bond shall be approved by the city attorney as to form and by the city engineer as to sufficiency before being accepted and filed with the city clerk.

(Code 1960, § 7222)

If any deposit made pursuant to this article is less than sufficient to pay all fees and costs provided for in section 19-46 the permittee shall, upon demand, pay to the city an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency upon demand, the city may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full, additional permits shall not be issued to such permittee.

(Code 1960, § 7224)

After making the deductions specified in section 19-46, the city shall refund to the applicant for a permit under division 2 of this article any amount still remaining in the same manner as provided by law for the repayment of trust moneys.

(Code 1960, § 7223)

In the event the work to be accomplished under the provisions of the permit required by division 2 of this article is to be completed under a separate contract with the city and the inspection fees therefor have been posted, then the fees, bonds or deposits required by this article are waived.

(Code 1960, § 7225)

The decision of the city engineer as to the cost of any work done or repairs made by him or under his direction, pursuant to the provisions of this article shall be final and conclusive as to such cost.

(Code 1960, § 7226)

(a) The city engineer shall mail a statement to every person or to his agent in the city on or before the twelfth day of any month showing the amount due the city for all work performed pursuant to this article during the previous month by the city.

(b) Such statement shall be paid on or before the twenty-fifth day of the month in which it is mailed.

(c) The city shall deduct the cost of any work done, or repairs made by the city, from deposits then on hand belonging to, or that may hereafter be made by, any person under the provisions of this article.

(Code 1960, § 7227)

The permittee under division 2 of this article shall request inspection by the city engineer twenty-four (24) hours in advance of the beginning of any work to be accomplished under the provisions of an excavation permit, except as otherwise provided in section 19-68.

(Code 1960, § 7228)

All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one (1) foot in width from the face of such curb at the gutter line. Whenever a gutter crosses an intersecting street an adequate waterway shall be provided and at all times maintained.

(Code 1960, § 7232)

Whenever any person makes or causes to be made any excavation whatsoever in any street, sidewalk, alley or other public place and fails to provide or maintain barriers or other safety devices as required by state law, this article, or the city engineer, then and in that event, the city engineer shall cause city forces to provide or maintain such barriers or other safety devices. The amount of the costs thereby incurred by the city shall be a debt to the city of the person responsible for making such excavations and the city may sue in any court of competent jurisdiction for the recovery of the amount of such costs.

(Code 1960, § 7234)

The city or any of its officers or employees shall not be liable or responsible for any accident, loss or damage as a result of work performed under the provisions of a permit issued under division 2 of this article, or for cost or expenses in law or equity arising out of damages to property or personal injury received by reason or in the course of performing such work.

(Code 1960, § 7235)

No person shall install any service pipe or main pipe, conduit, duct, tunnel or other structure, except manholes, culverts and catch basins, in any street or sidewalk at a depth of less than two (2) feet below the established grade of the gutter of such street or sidewalk, or less than two (2) feet below the surface of any other public place; provided that, where, by reason of the construction of any tunnel, sewer, storm drain, structure, pipe, conduit, duct or other public work, such service pipe or main pipe, conduit, duct or other structure cannot be installed at a distance of two (2) feet below the established grade of the gutter of such street or sidewalk or the surface of any other public place, then in such event, the city engineer at his discretion, upon satisfactory showing of the necessity therefor, or the public benefit to accrue therefrom, may grant a special permit for such installation at a distance less than two (2) feet below the established grade of the gutter or of any other public place.

(Code 1960, § 7236)

(a) All excavations made within existing or future public rights-of-way shall be backfilled in such a manner as to conform with section 306-1 of the "Standard Specifications for Public Works Construction."

(b) The permittee shall furnish good and sufficient evidence that the backfilled material has been compacted in accordance with the provisions of such section 306-1, or guarantee all of his work of backfilling and consolidation, and the materials used therein for a period of one (1) year from the date of completion of the work accomplished under the provisions of the permit.

(c) Where excavations occur within the paved area of an existing street, the backfill material in the upper three (3) feet, measured from the pavement surface, shall be densified to a relative compaction of ninety-five (95) percent by jetting or by mechanical compaction methods.

(d) Where excavations cross or partially cross, either perpendicularly or diagonally, the paved traveled lane area of an existing street, the backfill material within the entire excavation shall be crushed rock, aggregate base, sand or other select granular material approved by the city engineer. Where excavations are installed parallel to the direction of the paved traveled lane of an existing street, any portion of the excavation located within the area of the traveled lane upon which vehicular wheels normally travel shall be backfilled entirely with crushed rock, aggregate base, sand or other select granular material approved by the city engineer. The city engineer shall be the final determination in the application of the requirements of this subsection to any excavation.

(Code 1960, § 7237; Ord. No. 1490, § 1, 9-8-80)

The city shall resurface all portions of the street, alley, sidewalk or other paved public place damaged, destroyed or removed by any permittee under division 2 of this article in connection with his excavation, construction or other operations. At the time application is made for a permit for any street excavation by a public agency or a public utility or by a contractor for a public agency or public utility, the city engineer may authorize the permittee to resurface all portions of any street, alley, sidewalk or other paved public place damaged, destroyed or removed by the permittee in connection with his excavation, construction or other operations. All such resurfacing work shall be done in accordance with the "Standard Specifications for Public Works Construction."

(Code 1960, § 7239)

All pavement wearing surfaces destroyed or removed pursuant to this article shall be replaced to a thickness one (1) inch greater than that of the surrounding pavement wearing surface. In the event there is no base material to be replaced, a minimum of four (4) inches of wearing surface shall be laid.

(Code 1960, § 7239.1)

When in the opinion of the city engineer, the backfilled material fails to provide a suitable subgrade for the resurfacing of the excavation, the permittee under division 2 of this article may be required to remove up to one and one-half (1½) feet of the backfill and replace it with crushed rock or other suitable material designated by the city engineer.

(Code 1960, § 7239.2)

Whenever required by the city engineer, all final resurfacing of excavations pursuant to this article shall be seal-coated in accordance with the standard street specifications of the city.

(Code 1960, § 7239.3)

After the backfilling of an excavation made pursuant to this article, if the permittee fails or refuses to resurface that portion of the surface of the pavement damaged by him in accordance with the requirements of his permit or of section 19-60, the city may do such resurfacing. The cost of such resurfacing shall be charged against the permittee, except in those instances where the permittee's excavation is within an area of pavement to be immediately reconstructed by the city, and the resurfacing of the excavation is an integral part of the general city improvement. All costs for resurfacing shall be computed in accordance with section 19-46.

(Code 1960, § 7241)

All material used in any work done under the provisions of this article shall be new, first class material and shall conform to, and the manner of construction shall meet all of the requirements prescribed by this article or by the "Standard Specifications for Public Works Construction." The city engineer may order tests of any material at the expense of the permittee, to determine whether such materials meet such standard specifications.

(Code 1960, § 7242)

Within ten (10) days after the city engineer notifies the permittee that any work is defective, either in its construction or material, the permittee shall reconstruct or remove such work and make it conform to the provisions of this article.

(Code 1960, § 7243)

When it appears to the satisfaction of the city engineer that all work done under a permit issued under division 2 of this article has been constructed according to, and meets the requirements of, all the applicable provisions of this article, and that all fees and deposits have been paid, the city engineer, if requested, shall cause to be issued to the permittee constructing such work a certificate of final inspection. Such certificate shall recite that such work as is covered by the permit is in an approved condition.

(Code 1960, § 7245)

Nothing in this article prohibits any person from maintaining by virtue of any law, ordinance or permit, any pipe or conduit in any highway or from making such excavation as may be necessary for the preservation of life or property if the person making such excavation obtains a permit therefor within one (1) day after the offices of the city are first opened subsequent to the making of such excavation.

(Code 1960, § 7246)

Whenever the city engineer is permitted by this article to grant an exception to any requirement of this article, he shall do so only if he finds that literal compliance with such provision is impossible or impractical because of peculiar conditions in no way the fault of the person requesting such exception, and that the purposes of this article may be accomplished and public safety secured by an alternative construction or procedure, in which case he may permit such alternative construction or procedure.

(Code 1960, § 7247)

Whenever a power is granted to, or a duty is imposed upon, the city engineer, or any other public officer, the power may be exercised or the duty may be performed by a deputy of the officer or a person authorized, pursuant to law, by the officer, unless this article expressly provides otherwise.

(Code 1960, § 7248)

Prior to the issuance of any permit which involves work in a public area, the permittee under division 2 of this article shall supply a certificate of insurance naming the city as an "additional insured" and having a thirty (30) day written notice cancellation clause, in such minimum amounts as may be established from time to time by the city council by resolution.

(Code 1960, § 7249; Ord. No. 1337, § 1, 4-25-77)

Single-family homeowner permittees are exempted from section 19-71 provided they supply evidence of having current public liability insurance coverage having a minimum of three hundred thousand dollars ($300,000.00) combined single limit liability.

(Code 1960, § 7249.1; Ord. No. 1330, § 2, 2-28-77)

(a) For streets, alleys, and public places that were reconstructed or overlaid, the following shall apply:

(1) No non-emergency street cuts will be permitted for a period of three (3) years from date of completion.

(2) In case of a justified emergency (i.e. gas leak, etc.) or where streets cuts have been authorized by the public works director/city engineer (such as in the case of a major development requiring sewer or other utilities) within three (3) years following the completion of reconstruction or overlaid project, the permittee will be required to grind one and one-half (1½) inch of existing asphalt, curb to curb and repave the surface for a distance of at least twenty-five (25) feet (for a traverse street cut) and up to one (1) lane width (for a longitudinal street cut) beyond each side of the trench using a properly licensed contractor.

(b) For streets, alleys, and public places that were slurry sealed, the following shall apply:

(1) No non-emergency street cuts will be permitted for a period of two (2) years from date of completion.

(2) In case of a justified emergency or where street cuts have been authorized by the public works director/city engineer within two (2) years following the completion of slurry sealed, the permittee will apply a Type II slurry using a licensed road slurry contractor over the surface, curb to curb, for a distance of at least twenty-five (25) feet (for a traverse street cut) and up to one (1) lane width (for a longitudinal street cut) beyond each side of the trench. Utilities shall determine alternate methods of making necessary repair work to avoid excavating in newly improved streets, alleys, and public places.

(c) Emergencies (exceptions) are defined as follows:

(1) An emergency that endangers life or property.

(2) Interruption of essential utility service.

(3) Work that is mandated by the city, state, or federal legislature.

(4) Service for buildings where no other reasonable means of providing service exists.

(5) Other situations deemed by the city council to be in the best interest of the general public.

(Ord. No. 2083, § 1, 4-16-02)

Editor's note— Ord. No. 2083, § 1, adopted April 16, 2002, set out provisions pertaining to street cut moratorium on newly improved streets to be codified as § 19-66. As § 19-66 pre-existed said ordinance, these provisions have been included as § 19-73 at the discretion of the editor to read as herein set out. See the Code Comparative Table.